Dispelling the Disability Dilemma

By: Dan Ankenman

Living with a Disability and Confronting Ableism

I was born with oculocutaneous albinism, which is a lack of pigment in my hair, skin, and eyes. Because this lack of pigment disrupted the proper development of my eyes and optic nerves, I have been visually impaired my entire life. The first ophthalmologist my parents took me to see told them that I would never be able to see well enough to have friends, do well in school, or do much of anything. Fortunately, they did not believe him.

Having albinism is challenging and has required me to be resilient, determined, and creative as I navigate a world that was not built for people with visual impairments or other disabilities. Even so, I have found that there is almost nothing I cannot do with some trial and error, patience, imagination, and grit, though I may not become a pilot or a major league baseball player anytime soon. Despite the challenges my low vision presents, I enjoy many rich experiences and meaningful relationships. Disability can and does cause real difficulties for me and other members of the disability community. Still, my experience has affirmed that disabilities are not the real problem—“society’s response to [them] is.”[1]

We should all celebrate the progress of promoting and achieving greater diversity and inclusion, generally and especially in the legal community. While laudable, there is much room for improvement. A recent Diversity Lab report, based on an assessment of over 240 law firms, revealed that “lawyers with disabilities are the most underrepresented group.”[2] While the report found that firms generally reached targets for women and underrepresented racial and ethnic groups, “fewer of them have increased the percentage of lawyers with disabilities.”[3] Diversity Lab also observed that few firms specify that they target attorneys with disabilities in their recruiting activities.[4]

At the heart of these disparities for people with disabilities is a common, though rarely spoken of, phenomenon: ableism, which is the “discrimination of and social prejudice against people with disabilities based on the belief that typical abilities are superior.”[5] As racism and sexism have categorized entire groups as inferior, ableism marginalizes people with disabilities by perpetuating “harmful stereotypes, misconceptions, and generalizations of people with disabilities.”[6]

In my experience, many instances of ableism occur subconsciously and are likely unintentional. Even so, this does not make the effects of ableism any less real or harmful. I believe most people would do better if they knew better. In that spirit, I would like to do my best to dispel some common myths and misconceptions about people with disabilities. In sharing my perspective, I hope you will see that disability is not something to fear or ignore; instead, it is a natural part of the human experience that should be embraced everywhere, including in the highest echelons of the legal profession.

Navigating the Legal Job Market with a Disability

As I have applied for positions with various employers, I have often felt that employers believe they face a dilemma. While appearing impressed by my qualifications and experiences, on the one hand, potential employers almost always seem to worry that I will be unable to perform the job responsibilities because of my disability. But disability is not inability. These employers seem to become fixated on how difficult the job might be for them if they were visually impaired. This reasoning is fundamentally flawed because, unlike these potential employers, I have lived with low vision my entire life. As a result, I have developed a wide array of techniques for succeeding with my vision that these employers have not. Though this means that I may sometimes approach things differently, it does not mean that I cannot perform tasks or that I do not do them as well as others.

Although an applicant’s experiences and credentials should speak for themselves, too often, ableism seems to create a seemingly irrebuttable presumption that disability makes an applicant inherently less capable. When employers have pushed through this fear and given me a chance, I have been able to show them that I am devoted and competent. Unfortunately, the preconception that people with disabilities are less capable or would be a burden has too frequently kept me and others with disabilities from having that opportunity.

Instead of fixating on perceived limitations and assuming that disability is a disadvantage, I wish employers would see how a candidate’s disability could actually be an asset. For example, many of the most important characteristics of successful employees, such as perseverance, creativity, self-awareness, and empathy, are incredibly difficult to assess accurately in an interview setting. A candidate with a disability who is otherwise qualified for a position will very likely possess these attributes, especially in the legal profession where a candidate with a disability must excel in a rigorous academic environment built for those without a disability. Law students with disabilities simply could not succeed without a strong measure of resilience, determination, creativity, and grit. The difficulties people with disabilities face and the constant need most of us have to advocate for ourselves also create an awareness of and sensitivity to the struggles of others, making us natural advocates. Although there is no way to know with complete certainty whether a job candidate will succeed, people with disabilities should be seen and valued for all that they have to offer and not viewed as inherently less capable than other candidates.

As a law student with a disability, I have keenly felt the lack of focus on fostering greater inclusion of people with disabilities within the legal community. I have also witnessed the dearth of attorneys with disabilities as I have sought to network and identify mentors who can relate to my experiences. It is clear to me that if we are serious about rooting out prejudice and discrimination in the legal community and society at large, we cannot afford to leave lawyers and law students with disabilities behind.

[1] Catherine Kudlick, The Price of ‘Disability Denial’, N.Y. Times (May 24, 2017), https://www.nytimes.com/2017/05/24/opinion/disability-denial.html. [2] Xiumei Dong, BigLaw Diversity Push Lacks Inclusion For Disabled Attys, Law360 (Sept. 27 2022, 9:02 AM), https://www.law360.com/pulse/articles/1533837/biglaw-diversity-push-lacks-inclusion-for-disabled-attys. [3] Id. [4] Id. [5] Ashley Eisenmenger, Ableism 101, Access Living (Dec. 12, 2019), https://www.accessliving.org/newsroom/blog/ableism-101/. [6] Id.